Your freedom and future are in jeopardy if you are charged with a crime. Criminal penalties may include fines, imprisonment, probation, and other punishments. Additionally, a criminal record can result in collateral consequences, including having trouble finding a job or a place to live.
An affirmative defense alleges that even though a defendant may have committed the alleged act, the defendant is not criminally liable. In other words, an affirmative defense excuses the defendant’s conduct. If the defendant provides sufficient evidence to prove an affirmative defense, it can result in an acquittal.
The first step after being arrested is to contact a San Diego criminal defense lawyer. An attorney helps you understand the charges and your options for a defense.
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What Are The Types of Affirmative Defenses in California Criminal Cases?
The state must prove each legal element beyond a reasonable doubt to obtain a conviction. While you are innocent until proven guilty, presenting a strong defense to the charges is in your best interest. An attorney develops a defense strategy that attacks the evidence against you to create doubt, including using affirmative defenses when available.
Examples of affirmative defenses in misdemeanor and felony criminal cases include, but are not limited to:
Insanity
To be considered legally insane in California, the courts apply the McNaghten rule. California adopted the McNaghten rule as the legal definition of insanity with the passage of the Victim’s Bill of Rights in 1982. The defendant must prove the following to use insanity effectively as an affirmative defense:
- They cannot understand the nature of their actions; OR,
- They cannot tell between right and wrong.
The cause of the insanity could be permanent or temporary, provided the defendant was insane when they committed the crime. If the person is found guilty of the crime but insane, the court may commit them to a state mental hospital instead of prison.
Duress
Duress occurs when the defendant reacts to a threat of imminent danger. Instead of denying they committed the criminal act, the defendant claims they acted because they thought they had to do so to prevent harm or death. The defendant must have genuinely believed the threat of harm would be carried out if they did not act and had no reasonable means of escape. Exceptions would include murder unless you can prove that you acted in self-defense. Putting yourself in a threatening situation would negate the claim of duress.
Entrapment
Suppose the defendant alleges entrapment as a defense. They must have evidence that law enforcement officers engaged in conduct that would cause a normally law-abiding person to commit the crime. Police can deceive someone and use reasonable means to gain a party’s trust. However, they are not permitted to use threats, fraud, pressure, flattery, or harassment to trick or coerce someone into breaking the law.
Intoxication
Voluntary intoxication is willingly drinking alcohol or taking drugs, knowing it can lead to intoxication. Involuntary intoxication is unknowingly consuming alcohol or drugs by force or trickery. On the other hand, involuntary intoxication is a complete defense if you had no idea that you were being drugged. Both voluntary and involuntary intoxication can be used as an affirmative defense. However, voluntary intoxication is limited to crimes involving specific intent, such as forgery or theft.
Who Has the Burden of Proof for Affirmative Defenses?
When a criminal defendant presents an affirmative defense, they have the burden of proving the elements of the defense. They must have evidence to support their allegations. Affirmative defenses are often used when the state has sufficient evidence to prove the defendant committed the alleged crime. The defendant does not dispute they committed the alleged acts. Instead, they offer an explanation that negates criminal liability for the acts.
Is Self-Defense an Affirmative Defense to Criminal Charges in California?
Self-defense can be used to argue a defendant is not criminally liable for an offense. However, it is not considered an affirmative defense in California. When a defendant raises self-defense in a criminal case, the burden of proof does not shift to the defendant. Instead, the prosecutor has an additional burden of proof. The prosecutor must prove beyond a reasonable doubt that the defendant did not act in self-defense. The elements of self-defense are:
- The defendant reasonably believed they were in imminent danger of sustaining bodily injury, and,
- The defendant reasonably believed that they had to use force to defend themselves against the reasonable fear of imminent harm and,
- The defendant did not use more force than was reasonably necessary.
To overcome the self-defense argument, the prosecutor must convince a jury that one or more of the above elements are not true. The self-defense argument can be a solid defense, depending on the circumstances of the case.
Get Help With a Criminal Charge in San Diego, CA
If you’re facing criminal charges in San Diego, having a knowledgeable criminal defense attorney on your side is crucial. An experienced lawyer can assess your case, determine potential defenses, and explore whether an affirmative defense applies to your situation. Whether arguing self-defense, duress, entrapment, or another legal strategy, a well-prepared defense can significantly impact the outcome of your case.
A strong legal defense can protect your rights and your future. The criminal defense attorneys at Blair Defense Criminal Lawyers can help you to start start building your defense. Call us immediately by telephone at (619) 357-4977 or contact us online for a free consultation.
